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Social Media and Mobile Devices 2022: Addressing Corporate Risks


Speaker(s): Aaron P. Rubin, Gabriel T Martinez, Jane G. Pollack, John F. Delaney, Jon Glass, Kristin Marchesiello, Meredith Halama, Rachel Liebert, Scott L. Malouf, Terri J. Seligman, Zac Rich
Recorded on: Mar. 3, 2022
PLI Program #: 337707

Jane leads the Enterprise Commercial team at Uber which includes the Marketing, Real Estate, and Commercial Transactions legal teams. Prior to taking on this role, she led the Marketing legal team which supports Uber’s various advertising and marketing activities -- from brand campaigns, social impact initiatives, sponsorships and promotions to rider/driver communications and social media. Before Uber, Jane served as Citigroup’s Chief Advertising Counsel, where she counseled Citi’s global consumer marketing and corporate sponsorship groups, as well as the US cards, mortgage, retail bank and personal wealth management marketing teams. In prior roles at Citi, she provided legal support for the company’s rewards and cards advertising teams. 

 

Jane started her career as an associate in the competition and intellectual property/media law practice groups at Weil, Gotshal & Manges LLP. She previously served as the general counsel at FAIR Health, Inc., a not-for-profit organization, and as an associate in the advertising, marketing and media law practice group at Manatt, Phelps & Phillips, LLP. Jane was a James Kent Scholar at Columbia Law School and graduated with honors from Wesleyan University.

 

In addition to her work at Uber, Jane is a member of the Beacon Giving Group, a grant-making community of women that makes grants to smallish not-for-profits in New York City.


Jon Glass serves as Senior Vice President, Head of Digital Legal Affairs at Warner Music Group (WMG). In this role, Jon leads the company’s business & legal efforts in support of WMG's major digital initiatives, working closely with WMG's business development team.

 

Jon has held various roles within WMG since joining the company in 2010, including serving as Associate Counsel, Digital Legal Affairs before being promoted to Vice President and most recently, Senior Vice President. Previously, Jon was with Sony Music Entertainment in Business & Legal Affairs, Global Digital Business and, prior to that, he held positions at several law firms, including Morrison & Foerster LLP.

 

Jon holds a B.A. from Washington University in St. Louis and a J.D. from Northwestern University Pritzker School of Law.


Gabe leads The Clorox Company’s truth-in-advertising practice, overseeing his team's legal review of all consumer-facing communications about the company's many products and brands. He and his team work closely with Clorox's R&D, Regulatory, Marketing, and Sales departments to devise innovative products, marketing campaigns, and methodologies for claims substantiation. He regularly counsels his business partners on a number of matters including sustainability claims, social responsibility marketing, comparative claims, and puffery. Prior to joining Clorox in 2010, Gabe was an advertising practice group associate at the New York offices of Manatt, Phelps & Phillips and Loeb & Loeb. He attended Columbia University for college and law school, and is in the final stages of completing his MFA in creative writing at California College of the Arts.

 

About The Clorox Company: Based in Oakland, CA, Clorox markets some of the most trusted and recognized consumer brands, including its namesake bleach and cleaning products; Pine-Sol® cleaners; Liquid-Plumr® clog removers; Poett® home care products; Fresh Step® cat litter; Glad® bags and wraps; Kingsford® grilling products; Hidden Valley® dressings and sauces; Brita® water-filtration products; Burt's Bees® natural personal care products; and RenewLife®, Rainbow Light®, Natural Vitality CALM™, and NeoCell® vitamins, minerals and supplements. The company also markets industry-leading products and technologies for professional customers, including those sold under the CloroxPro™ and Clorox Healthcare® brand names. More than 80% of the company’s sales are generated from brands that hold the No. 1 or No. 2 market share positions in their categories.


Rachel Liebert is a senior lead product counsel at LinkedIn, where she is the primary product counsel for LinkedIn Learning and Glint and the lead marketing counsel for LinkedIn’s marketing organization. Prior to joining LinkedIn, Rachel was an associate in the Intellectual Property/Media, Cybersecurity and Data Privacy, and Complex Commercial Litigation groups at Weil, Gotshal & Manges. Rachel is also on the Board of the San Francisco-Marin Food Bank’s Young Professionals Council.


John Delaney advises clients ranging from startups to FORTUNE 500 companies on licensing, intellectual property and technology-related matters. John’s experience includes negotiating complex IT and business process outsourcing contracts and service level agreements, joint ventures, software and content development agreements and licenses and similar transactions. John routinely advises clients on matters relating to social media, mobile apps, cloud computing, AI, big data analytics, smart contracts, blockchain and other emerging technologies. 

John also assists clients in identifying online liability issues and developing risk-reduction strategies, including in connection with data scraping, online marketing campaigns, user-generated content, voice platforms and interactive products and services.   

In the media space, John has extensive experience with the licensing of music, TV, film and other content for transmitting, streaming or downloading through traditional distribution channels and online platforms. 

In the social media space, John is highly knowledgeable of the rapidly evolving law of social media, social influencers and interactive marketing. He drafts and helps implement social media policies and guidelines, advises on compliance with the Digital Millennium Copyright Act (DMCA) and Communications Decency Act (CDA) safe harbors, and assists with online tracking and issues in connection with corporate blogs, third-party social media platforms and mobile applications.

John is a frequent author, blogger and lecturer on technology and intellectual property law developments.


Kristin is Senior Marketing Counsel and Deputy Data Protection Office at Unilever United States, where she provides counsel to a variety of brands in the personal care category, including iconic brands like Dove, Suave, Caress, Vaseline, St. Ives, Simple, Axe, Love Beauty & Planet, and Q-Tips.   In addition to supporting her brands’ marketing and promotional legal issues, she manages Unilever’s data and privacy practice.  Before joining Unilever, Kristin worked in a variety of roles in the advertising law space, including adtech startups, fashion, television and self-regulation. In her spare time, Kristin enjoys painting, bike riding and traveling.   


Meredith Halama is a Commercial Litigation partner in the Perkins Coie’s Privacy & Security practice and Advertising, Marketing and Promotions group. Her practice focuses on privacy, advertising and marketing, and other consumer protection issues, with a particular emphasis on interest-based advertising, mobile advertising, data monetization and related business practices. Meredith counsels a broad range of companies, including technology companies, retailers and publishers, on privacy and consumer protection issues and serves as a leading authority on online and mobile advertising practices.

In addition to her counseling practice, Meredith represents companies in regulatory investigations before the Federal Trade Commission, state attorneys general and self-regulatory bodies. She also drafts privacy policies, online terms and conditions, and other consumer-facing disclosures. Meredith also regularly drafts and negotiates commercial agreements related to the collection, use and sharing of user data.

Prior to joining Perkins Coie, Meredith served as Deputy General Counsel and Director of Compliance of the Network Advertising Initiative, a trade association composed of nearly 100 companies engaged in interest-based advertising and related practices. While there, she drafted an industry code of conduct governing the collection and use of data for interest-based advertising, and she helped to develop industry policies with respect to the collection and use of data from mobile devices as well as how to respond to browser-based "Do Not Track" signals. She also regularly interfaced with regulators, privacy advocates and industry groups to help develop industry guidelines and policies. Before joining the NAI, Meredith spent eight years in private practice, where she focused on privacy and communications law.


Scott L. Malouf is a social media attorney. He helps organizations easily understand social media’s complexities and use social media to best effect.

He works with each client to determine the client's unique online goals, culture and risks. He devises real-world best practices and educates users on key legal risks and how to adapt to new challenges.

Scott advises organization on social media/tech policies and practices, employee online activities, negative reviews, social media in litigation, BYOD, ethics, background assessment, influencer risks, shadow IT, eDiscovery and more.

Scott also helps other lawyers use social media and digital information in litigation. Scott identifies online and device evidence; seeks or opposes discovery of digital information/devices; advises on evidentiary issues, discoverability, novel claims, ethics and other legal issues. He also develops budgets; assesses new litigation technology and makes using digital evidence faster, easier and more predictable.

Scott is a member of the American Bar Association/BNA Lawyers Manual on Professional Conduct Editorial Advisory Board. He is also a contributor to the ABA publication Handbook on Global Social Media Laws for Business Lawyers (Chapter 7: Defamation, Discovery of Sources, and Fake News). Scott’s contribution to that book focused on social media crisis communications and an attorney’s role in a social media crisis.

Scott is also an active member of the New York State Bar Association’s Social Media Committee, where he co-authored the Social Media Ethics Guidelines, an influential national ethics resource, and he contributed to the Social Media Jury Instructions Report. He also managed the Section’s Twitter feed and chairs CLEs.

Scott writes and speaks extensively and has appeared on television, National Public Radio (NPR), before the National Advertising Division (part of the BBB), on behalf of the American Board of Trial Advocates, in podcasts, at CLEs and in many other forums.

Scott is a Rochester, New York native. He received his B.A. from Hamilton College and his law degree from Vanderbilt University. He is licensed to practice law in New York and Massachusetts.

He can be reached at info@scottmalouf.com. See more at Scott’s LinkedIn profile.


Aaron Rubin is co-chair of the firm’s Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Mr. Rubin also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.

Mr. Rubin's practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e-commerce and other online business models, and mobile applications. He has represented clients such as Autodesk, Facebook, Gap, Konami, Kaiser Permanente, Oculus, Softbank, Visa, and Yahoo, among others. Mr. Rubin is also a co-editor of Socially Aware, Morrison & Foerster's award-winning newsletter and blog devoted to the law and business of social media.

In addition, Mr. Rubin regularly provides pro bono assistance to various non-profit and charitable organizations such as Common Sense Media and the Starlight Children's Foundation, and is a member of the Board of Directors of California Lawyers for the Arts.

Mr. Rubin received his B.A. in philosophy from the University of California, Berkeley in 1991. In 2001, he received his law degree from the University of California, Berkeley, Boalt Hall School of Law, where he was an executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Mr. Rubin served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.


Terri J. Seligman is the Chair of the Advertising, Marketing & Public Relations Group at Frankfurt Kurnit. Ms. Seligman is a leader in the advertising law community.

Recognized as a “Leading Lawyer” in The Legal 500, Ms. Seligman also regularly appears in Best Lawyers, Chambers USA America’s Leading Lawyers for Business and Super Lawyers magazine. She was also the only law firm partner selected by New York Business Journal for its inaugural “Women of Influence Awards,” honoring business women who stand out both for their achievements in the marketplace as well as their commitment to community and mentoring.

Ms. Seligman is one of the country’s preeminent practitioners before the National Advertising Division (NAD), representing both advertisers and challengers in competitive advertising disputes. She also represents companies in disputes and regulatory matters before broadcast networks and state and local enforcement agencies.

In addition, Ms. Seligman advises on the full complement of advertising and marketing law issues, including claims and substantiation, native advertising, social media, mobile marketing and laws governing intellectual property and rights of publicity and privacy. She also regularly advises on sweepstakes and contests, and laws governing gift cards, reward programs, rebates, and other popular marketing devices. In addition to her counseling practice, Ms. Seligman also drafts and negotiates contracts for advertising and marketing arrangements, including celebrity talent deals, sponsorship and co-promotion agreements, media agreements, and licensing agreements.

Ms. Seligman is a well-known public speaker on advertising, marketing, and Internet law issues. She has been a featured speaker at BAA, NAD, ANA, MLRC and other national conferences. Her writings have appeared in Inside Counsel Magazine, Advertising Compliance Service, iMedia Connection, The Computer and Internet Lawyer, Law 360, and other publications. She has served as a Vice-Chair of the Advertising Disputes and Litigation Committee of the Antitrust Section of the American Bar Association (ABA) and is currently a Co-Chair of the Advertising and Commercial Speech committee of the MLRC.

Ms. Seligman is a graduate of New York University School of Law (JD, 1985), and Wesleyan University (BA, with honors, 1982). She clerked for the late Hon. Morey L. Sear, former Chief Judge of the United States District Court for the Eastern District of Louisiana. Ms. Seligman is on the Board of Trustees of The Brearley School and is also a Life Fellow of the American Bar Foundation. She is a past recipient of the Cornerstone Award from Lawyers Alliance for New York, the leading provider of legal services for nonprofit organizations improving the quality of life in New York City neighborhoods. Ms. Seligman is admitted to practice in New York and California.


Zac Rich is lead counsel at Facebook Realty Lab’s supporting Social VR Products for the Oculus platform. Most recently, Zac supported the team that brought Facebook Messenger onto the Oculus platform. Prior to joining Facebook, Zac was a product counsel for Amazon Lab’s 126 supporting the emerging products team, and ran his own practice, Press Start Legal, which focused on providing legal services to Content Creators, Social Media influencers, Game Developers and Online Streamers/E-sports players.